Is there any share of a grand son whose father has died earlier in the estate of grand father?
Question
Is there any share of a grand son whose father has died earlier in the estate of grand father?
Answer
Scholars have two opinions if the grandchild is omitted due to the presence of relatives of a higher degree:
- Some scholars maintain that a grandchild is entitled to inheritance through al-Wasiya al-Wajiba [obligatory bequest] i.e. the grandchildren can spontaneously receive the share that their father would have received if he were alive provided that it does not exceed one-third of the estate. This is based on the general meaning of words of Allah Almighty:
Prescribed for you when death approaches [any] one of you if he leaves wealth [is that he should make] a bequest for the parents and near relatives according to what is acceptable - a duty upon the righteous [Al-Baqarah, 180).
This is the opinion implemented by fatwa and law in Egypt and many Arab Islamic countries.
- Other scholars maintain that such a grandchild is omitted by the presence of his paternal uncles and is thus not entitled to receive anything from the estate.